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HomeMy WebLinkAbout11-04-1970 City Council Minutes CITY COUNCIL MINUTES TIME: WEDNESDAY, NOVEMBER 4, 1970 - 7:30 P.M. PLACE: COUNCIL CHAMBERS, 13777 FRUITVALE AVENUE, SARATOGA, CALIFORNIA TYPE: REGULAR MEETING ; I. ORGANIZATION A. ROLL CALL Present: Councilmen Bridges, Robbins Sanders and Smith. Absent: Councilman Dwyer B. MINUTES Moved by Councilman Smith, seconded by Councilman Bridges that the minutes of October 21, 1970 be approved as mailed with the following amendment: Page 6, C.1, last line, should read "help as required", rather than "part time draftsman." Carried unanimously. !!i~ BIDS & CONTRACTS None III. PETITIONS, ORDINANCES & FORMAL RESOLUTIONS A. RESOLUTION NO. MV-26 - RESOLUTION PERMITtING U-TURNS AT THE SIGNALIZED INTERSECTIONS OF SARATOGA AVENUE AND FRUITVALE AVENUE, FRUITVALE AVENUE AND ALLENDALE AVENUE, AND MILLER AVENUE AND PROSPECT ROAD. RESOLUTION The City Attorney noted that this resolution also provides for the MV-26 signalization of those intersections where signals already exist. The City Manager read the resolution in full. MoVed by Councilman Smith, secgnded by Councilman Bridges for adoption of Resolution MV-26; ,carried u~animously. IV.SUBDIVISIONS, BUILDING SITES & ZONING REQUESTS None V.PUBLIC HEARINGS A. GENERAL PLAN REVIEW FOR 1970 - Continued from 10-21-70 GENERAL Mayor Robbins suggested that adoption of the General Plan for 1970 not be PLAN delayed until the Senior Citizen Housing question is decided since it is REVIEW possible to hold special publi~ hearings for the senior citizen part of FOR 1970 the General Plan. Councilman Smith stated with reference to the retirement center study that it was the feeling of Council.man Bridges and himself that this is an extremely critical matter. The City has'authorized the study~ the funds have been allocated and an individual has been hired. The Planning Department estimates completion of the study by December 1. This will mean further consideration by the Plainling Commission and the Council at large. There should be Public Hearings by.the Planning Commission. It is conceivable that in January the Council ~o~ld be ready to adopt this section of the General Plan. It was the committee's intention to keep the General Plan open until January, but not to !accept any new items. The intent was to show a strong position to the people that we are not going to let this go by another year. The cormnittee had not discussed closing the General Plan Review for 1970 and then re-opening it. Councilman Smith expressed his desire to decide at this meeting a particular date in January for re- opening of the review with this specific subject in mind. He stated the committee would resist very strongly a continuance at this time. CITY COUNCIL MINUTES - NOVEMBER 4,' 1970 - CONTINUED Councilman Bridges stated that this was a very critical area and conceivably if 'the General Plan Review were closed without some provision for this retirement c~nmmnity, we could find ourselves in the same position next year. Moved by Councilman Smith that the whole discussion of the retirement segment of the General Plan be retained by the'City Council; that it await presentation of the' retirement study which the. City is conducting; and that a Public Hearing be held on the.retirement housing element of the General Plan on January 6, 1971, seconded by Councilman Bridges; carried unanimously. Mayor Robbins.opened the Public Hearing at 8:15 P.M. No one in ~he audience wished to comment. Moved by Councilman Smith, seconded by Councilman Sanders to close the Public Hearing; carried unanimously. Public Hearing closed at 8:17 P.M. (PARK Mr. Smith reported that the Planning Commission has recommended that the second ELEMENT) alternative for the central park (land south of Redwood School) be removed from the General Plan and the first alternative (gore intersection of Fruitvale and Saratoga'Avenues) be designated as the primary and only Central Park site. The Council had previously gone on record that no change should be made at this time. Moved by Councilman Smith, seconded by Councilman Sanders that the Park Element of the General Plan remain as originally adopted in 1969; carried unanimously. (FRUIT- Mayor Robbins stated that the present General Plan calls for Fruitvale Avenue VALE AVE) to be a two-lane thoroughfare south of San Marcos. The recommendation has been made by the Planning Commission that this remain a two-lane road. There has been a recommendation from the staff thatzFruitvale Avenue be!~set forth on the General Plan map as a four-lane thoroughfare.south of San Marcos Road with the special designation that actual improvement to four lanes be projected for a certain year as recommended by the Department of Public Works. The Planning Committee also recommends this. Councilman Sanders stated it was his feeling that it is necessary to have a p~an line if rights-of-way are going to be dedicated. He word ered~whether the road would have to be designated as the proper width on the General Plan or whether we could have a plan linm which shows enough room for a four lane road while still showing a two-lane road on the General Plan. The City Attorney stated that the way the ordinance reads is that the Planning Commission has the power to require dedication from adjoining land owners up to a precise plan line,~?if no plan line has been established to such line as the Planning Commission establishes at the time of the approval of a particular subdivision or building site. Moved by Councilman Smith that the General Plan be amended to designate Fruitvale Avenue for its entire length from Saratoga-Los Gatos Road to Saratoga Avenue as a four lane thoroughfare with the proviso that development is not to take place until traffic warrants it; seconded by Councilman Bridges; carried unanimously. PIERCE RD. Mayor Robbins stated that the Pierce Road-Ashley Way area was a confused area ASHLEY WAY of varying lot sizes. This was referred to the Planning Commission to consider (WIL~'d~)~ in their review of the General Plan. ' The Planning Commission reconmended that ~_h~Wilson lot be designated low density to act as a buffer area. Mr. Sanders felt that the whole reason for considering this change was because of the inconsistency in zoning. The area is bounded on two sides by R-1-12,500 zoning. The whole area should be rezoned to give a reasonable buffer area between 12,500 sq. ft. and one acre zoning. Mr. Smith stated thathe was reluctan~ to increase the density, which would increase traffic on the road and he believed the people in the area bought with knowledge of the lot size restrictions. The committee felt there should be a 1 lot buffer between the acre zoning and the R-1-25,000 zoning. He was opposed to changing the General Plan density for the entire area. - 2 - CITY COUNCIL MINUTES - NOVEMBER 4, 1970 - CONTIED Councilman Bridges pointed out th~ extreme difficulty with having seven driveways entering Pierce Road. He concurred with the suggestion of a buffer area. Moved by Councilman Smith that' the Planning Committee's report regarding the Pierce Road-Ashley Way area be acqepted and therefore accept the Planning Commission's recommendation to designate the Wilson property as an R-!-20,000 buffer between the area of R-1-12,500 zoning districts, seconded by Councilman Bridges. AYES: Councilmen Bridges and Smith NOES: Councilmen Robbins and Sanders Motion failed. Moved by Mayor Robbins, Seconded by Councilman Bridges that there be no change in the General Plan boundary between medium density and.very low density areas in the Pierce Road-Ashley Way area from the boundaries contained on the 1969 General Plan map. AYES: Councilman Bridges, Robbins and Smith NOES: Councilman Sanders Motion carried. Mayor Robbins stated that this concludes the General Plan Review for 1970. The City Councill will consider the Retirement Housing element of the General Plan at a public hearing on January 6, 1971.~ Moved by Councilman Smith that the General Plan for 1970 be accepted as recommended by the Planning CommiSsion with the exception of the three items acted on individually and that those items - the Park Plan, Fruitvale Avenue and the Pierce Road-Ashley~Way area - be included in accord with the Council action taken on each one at this meeting, seconded by Councilman Sanders; carried unanimously. .B. ORDINANCE NO. NS-3-25 - AN ORDINANCE AMEI~)ING ORDINANCE NS-3~ THE ZONING ORDINANCE, BY ELIMINATING LODGING ROUSES AS CONDITIONAL USES IN R-1 ZONES, AND ENDING CERTAIN PROVISIONS R~LATING TO ~F-STREET PARKING FACILITIES. NS-3-25 Mayor Robbins stated that this ordinance was introduced at the last meeting, and opened the Public Hearing at 8:53 P.M. There were no corfanents from the audience. Moved by Councilman Sa%ders, seconded by Councilman Smith to close the Public Hearing. Public Hearing closed at 8:54 P.M. Councilman Bridges.wondered whether this ordinance would make it virtually impossible to do any re-modellin~ of commercial buildings. Councilman Smith suggested referring the matter to committee. Moved by Councilman Smith, .seconded by Councilman Bridges to re-open the Public Hearing; carried unanimously. Public Hearing re-opened at 8:55 P.M. The Mayor continued the hearing to November 18, and referred Ordinance NS-3~25 to the Planning Conmittee for review and recormnendation to the Council. C. REQUEST FOR CITY TO DESIGNATE PORTION OF GARROD PROPERTY AS AN AGRICULTURAL PRESERVE GARROD There were no questions from the Council. AGRICULTIIRAL PRESERVE Mayor Robbins opened the Public ~earing at 8:58 P.M. RESL'N 550 Mr. Dick Garrod stated that he hoped the Council would look favorably upon this application and establish the Garrod property as an agricultural preserve. Mayor Robbins and the City Attorney provided background information concerning agricultural preserves for the benefit of the audience. - 3 - CITY COUNCIL MINUTES - NOVEMBER 4, 1970 - CONTINUED Councilman Sanders pointed out that the City would like to have more opportunities such'as this which provides an outdoor recreation area which is an asset to the City. · Moved by Councilman Smith, seconded by Councilman Sanders to close the Public Hearing; carried unanimously. Public Hearing closed at 9:07 P.M. The City Manager stated that Resolution N~. 550 which would approve this request also authorizes the Mayor to execute the Land Conservation Agreement with the Garrods. He read the resolution in full. Moved by Councilman Smith, seconded by Councilman Sanders to adoptSResolution No. 550; carried unanimously. VI. ADMINISTRATIVE MATTERS A. MAYOR 1. Mayor' Robbing noted that the I.C.C. meeting would be held the following evening. Two items were under consideration: a) appointment by the ICC to the Metropolitan TransportatiOn Commission, and b) Airport Land Use Commission -, the State h~s created this body and the_Board of Supervisors mill recomend that the PPC be designated as the Airport Land Use Commission. Council agreed with~he~reho~mnendation about the Airport Land Con~niss~on and felt that one of th~ ci'~'~en! members of the County Transportation Policy Committee would be a logical choice for the LTransportation Commission. 2. Mayor Robbins called for an ExeCutive Session following the meeting to discuss a pending court case with the City Attorney. YOUTH 3. Mayor Robbins reported that Councilman Bridges and himself have recommended COMMISSION appointees to the Youth Commission following a very rewarding interview session. He noted that the City was blessed with a wealth of very well qualified people. ~H~asked for the Council's approval for the following appointments to the Youth Commission for the terms indicated: 1. Maureen Yore, 8th Grade, Redwood,~.l Year. 2. Chipper White, ~reshman, Saratoga High,is 2 Years. 3. Cindy Booworth, dUnior, Saratoga High~;~~ 2 Years. 4. Dave Moyles, senior, Saratoga High, 1 year. 5. Bill Krause, senior, Westmont High, 1 year. 6. Janet Thomas, junior, Lynbrook High, 2 years. 7. John Moody, senior, Saratoga High, one year. 8. Barbara Riley, LW~.~V.~ll~y!Cpllege',l .~e~ ~ 9. Mrs. Frederick Goodill, 13575 Surrey Lane, 1 year. 10. Richard H. Bryer, 20666 Glen Brae Drive, two years. 11. Rosalia Mechanic, 20410 Walnut Avenue, two years. Mayor Robbins felt this would make a fine Commission but he noted with regret that there had been no applicants from Prospect High School. Moved by Councilman Sanders, seconded by Councilman Bridges for approval of these Commission appointments. Mayor.Robbins announced that the initial commission m~eting would be held on Tuesday, November 10 at 7:30 P.M. B. FINANCE 1. Payment of claims INSURANCE The City Manager noted ~hat there was one claim which should receive SARATOGA endorsement by the Council before being~ohessed. This is the cost BEAUTIFUL of addition of Saratoga Beautifu~ to th~ ~ity's insurance policy as an additional insured. i - 4 - CITY COUNCIL MINUTES - NOVEMBER 4, 1970 - CONTINUED Moved by Councilman Sanders, to approve Saratoga Beautiful as an additional insured and approveSpayment of the additional premium, seconded by Councilman Smith; carried unanimously. Moved by Councilman Smith, that the list of disbursements be approved with corrected numbers starting at 13034 and that the Mayor be authorized to sign the necessary warrants; seconded by Councilman Sanders; carried unanimously. C. COUNCIL COMMITTEES & COMMISSION REPORTS 1. Braille Garden at Hakone Gardens BRAILLE Mr. Mariani reported that the' Parks and Recreation Commission recommends GARDEN to the City Council that a,Braille Garden be established at Hakone. The garden was first proposed several months ago by the Saratoga'Federated Women's Club w~o will bear the cost of the entire project; however they would like the City'to provide maintenance, estimated at $75.00 to $150.00 per month. Mrs. Frey, the Conservation'Chairman for the Saratoga Federated Women's Club and Arthur Ogilvie, the!~dSc~p~'~c~itect, who is ~Olune~ering his services for this project outlined the purpose and scope of the project for t~e Council. Mr. Ogilvie noted that there is a work party scheduled for November 21. Mayor Robbins felt that this was a very fine idea and a compatible use with Hakone Gardens. He did not realize the city would be asked to contribute to the maintenance But the request will be given careful consideration. Without objection, referred to the Management Committee. 2. Wildwood Park Debris Basin WILDWOOD PARK Mr. Mariani stated that the Parks and Recreation Commission recommends DEBRIS BASIN to the City Council that it authorize the City Attorney to take the appropriate steps for the City of Saratoga to be released from its agreement with the Santa Clara. County Flood Control District for construction and maintenance of a lake debris basin along Saratoga Creek within the boundaries of Wildwood Park. Mayor Robbins referred this matter to the Planning Committee. 3. Arroyo de Arguello Sidewalk r ARROYO DE Councilman Smith stated that the Claude T, Lindsay Company now agrees to ARGUELLO pay the City $6,000.00 in cash for completion of the sidewalk and the SIDEWALK city will put the job out for bid. It is redommended that the Mayor be authorized to execute an agreement to this affect with the Lindsay firm. Moved by Councilman Smith, for adoption of the Cormnittee report including authorization for the Mayor to execute the agreement, seconded by Councilman Bridges; carried unanimously. 4. Code Enforcement Officer CODE Councilman Sanders stated that the Public Welfare Committee reconm~ended ENFORCEMENT that the City Council approve the job description for the position of OFFICER Code Enforcement Officer and that the City Manager be authorized to hire a qualified individual to fil! this position. Mayor Robbins felt that it was important that the job description include City-Sheriff liaison and the Council agreed. The City Manager said this officer could act as a channel between the City and the Sheriff's office 'in day-to-day activities such as transmitting in-put from the Public Works Department ~ith regard to traffic problems in various parts of town; reviewing crime reports, making comparisons with past activities and attempting to determine effectiveness of the - 5 - ~ CITY COUNCIL MINUTES - NOVEMBER 4, 1970 - CONTINUED program as it exists and to develop answers to specific questions about required increases in activity incertain areas. In addition, during established office2h~urs, he could accept calls from the public with regard to law enforcement activites and problems. Moved by Councilman Sander s, seconded by Councilman Bridges to authorize employ- ment of a Code Enforcement Officer. in accord with the Public Welfare Committee report; carried unanimously. 5. Lomita-Komina Assessment District LO~ITA- The Public Welfare Committee reporteH on support for an assessment district KOMINA among residents of L~mita Avenue, Ko~ina Avenue and Aloha Avenue. Without objection, the Mayor dontinued this matter to November 18 to~low further study by the committee and other councilman. D. DEPA~RTMENT HEADS AND OFFICERS 1o The Director of Public Works reported that there were three projects which would be delayed due to rain: Sarahills Repair, Fruitvale Walkway and Glen Brae Drive. E ~ C I~Y MANAGER 1. The City'Manager' reported that at the last meeting the City Council received a letter from the Regional Water Quali~y control Board enclosing a proposed Board resolution to require cities to notify the.Board of proposed developments which will involve discharge oflwatdr. Mr~ Goodman~Manager of Sanitation District 4, has written requesting an extension of the November 6 deadline to enable the district and other affected agencies to establish a procedure for reporting proposed development. Mr. Huff recommended that the City Council authorize the staff to send a letter supportins District No. 4's position. Councilman Smith so moved, seconded ~y Councilman Sanders; carried unanimously. VII. COMMUNICATIONS A~1 WRITTEN 1. Letter from Prides Crossing Homeowners Association announcing the new officers for 1970-71. ORAL None VIII. ADJOURNMENT Mayor Robbins acknowledged the presence of Planning Commissioner Martin, Ruth Owen of the Good Government Group; Mrs. Slade of the League of Women Voters; and Dave Heagerty. Mayor Robbins c~lled for a recess at 10:05 P.M. and called for an Executive Session following the recess.to discuss 'the pending Gorman litigation. The City Attorney reported the GOrmans would prefer to capitulate and have a permanent injunction issued against the nursery school use if the city would waive its lien for attorney fees and not press the criminal proceeding, rather thah contest the matter further. In addition, as to 4 or less children, in order to insure compliance with Article 12 (home occupation regulations) the Gormans were prepared to stipulate to certain addition regulations governing. hours, traffic, etc. After some discussion the Council authorized the City Attorney to accept the Gormans' stipulations and have the permanent injunction issued as requested. Mayor Robbins adjourned the meeting at 11:05 P.M. Respectfully submitted, JRH: r